How to Get a Divorce in Tennessee

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How to Get a Divorce in Tennessee

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Patton & Pittman

When a marriage has begun to break down,
divorce may be the best (or only) option moving forward. Divorce can be complex
and the steps involved will depend largely on factors such as how long
a couple has been married, if children are involved, and the value of
marital property. Where couples can reach agreements on their own, the
process can be comparatively simple. However, one or more disputes that
arise can quickly complicate proceedings. While no two situations are
ever the same, several basic stages will exist in nearly every case.

How to Get a Divorce in Tennessee:

File the petition: Filing papers (the divorce petition) begins the legal process and it will
also typically contain the reasons for divorce. In Tennessee, couples
can file for divorce on either a fault or no-fault basis. A no-fault divorce
can include irreconcilable differences or a period of separation. If one
party is found to be at fault, such as in cases of adultery, the resulting
terms of the divorce can be greatly affected and the at-fault party may
receive less in a resulting settlement.

Response: The spouse who was served divorce papers will then be given the chance
to respond. Even in cases where couples are in agreement, one party generally
files for divorce and their spouse is the respondent. If the divorce is
filed based on fault, the respondent can dispute the case and present
a defense to the accusation. This will also set the foundation for disputes
regarding issues such as property division or
child custody.

Negotiations: Disagreements are a common part of a divorce and when disputes exist, couples
are given the opportunity to enter into negotiations. Out of court processes such as
mediation and arbitration can allow many couples to solve their differences and
draft an order of dissolution to submit to the court. However, when agreements
cannot be reached, divorcing spouses may need to go to court to finalize
a divorce.

Trial: Before a divorce can be finalized, all issues must be resolved and in
some cases, litigation can become necessary. A trial can be costly and
add months if not years to the total length of a divorce. Both spouses
will present their case in front of a judge who will then decide on the
remaining unresolved terms. Going to trial can be traumatic, especially
when children are involved, and it is typically the last option recommended
for divorcing spouses.

Dissolution of marriage: The order of dissolution officially and legally ends a marriage. The order
will contain all agreements and stipulate the terms of issues such as
alimony, child support, visitation, and the division of assets. Disputes must
be resolved and be legally compliant in order for a judge to approve the
divorce. Even when parties draft their own terms, an order must still
be submitted to the court for approval.

Even after a divorce is finalized, former spouses can be affected for years
to come. On one hand, divorce terms including alimony, child support,
and visitation can require that ex-partners share some form of basic contact
or arrangements. Furthermore, as life changes, the original terms set
in a divorce may no longer be in anyone’s best interest and a modification
may be in order. For example, if a parent is relocated for their job,
child custody and support agreements may be revisited and adjusted to
better fit the new situation.

Do You Need Legal Help with Your Divorce? Call (931) 361-4477

While the steps to a divorce may seem straightforward, each stage can present
a range of complications and potential setbacks. This can be true whether
divorcing spouses seek out-of-court solutions such as mediation or take
disputes before a judge. If your marriage is ending, Patton & Pittman
Attorneys at Law can help you to understand your legal options as well
as what you may expect over the coming months. Our compassionate
Clarksville divorce attorneys understand what you are going through and can be in your corner every
step of the way.